093_SB1119

 
                                     LRB093 02975 LRD 02991 b

 1        AN ACT in relation to public employee benefits."; and

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 7-145.1 as follows:

 6        (40 ILCS 5/7-145.1)
 7        Sec. 7-145.1.  Alternative annuity for county officers.
 8        (a)  The  benefits  provided  in this Section and Section
 9    7-145.2 are available to elected county officers  other  than
10    members  of  a  board  of  commissioners of a forest preserve
11    district who are  elected  pursuant  to  Section  3c  of  the
12    Downstate  Forest  Preserve  District  Act only if the county
13    board has filed with the Board of the Fund  a  resolution  or
14    ordinance  expressly  consenting to the availability of these
15    benefits for  its  elected  county  officers.   The  benefits
16    provided in this Section and Section 7-145.2 are available to
17    members  of  a  board  of  commissioners of a forest preserve
18    district who are  elected  pursuant  to  Section  3c  of  the
19    Downstate  Forest Preserve District Act only if that board of
20    commissioners  has  filed  with  the  Board  of  the  Fund  a
21    resolution  or  ordinance   expressly   consenting   to   the
22    availability   of  these  benefits  for  its  elected  county
23    officers. The county board's or board of commissioners  of  a
24    forest   preserve  district's  consent  is  irrevocable  with
25    respect to persons participating in the program, but  may  be
26    revoked at any time with respect to persons who have not paid
27    an additional optional contribution under this Section before
28    the date of revocation.
29        An   elected   county  officer  may  elect  to  establish
30    alternative credits for an alternative annuity by electing in
31    writing  to  make  additional   optional   contributions   in
 
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 1    accordance  with  this  Section and procedures established by
 2    the board.  These alternative credits are available only  for
 3    periods of service as an elected county officer.  The elected
 4    county officer may discontinue making the additional optional
 5    contributions  by notifying the Fund in writing in accordance
 6    with this Section and procedures established by the board.
 7        Additional optional  contributions  for  the  alternative
 8    annuity shall be as follows:
 9             (1)  For  service as an elected county officer after
10        the option is elected, an additional contribution  of  3%
11        of  salary  shall  be contributed to the Fund on the same
12        basis and under  the  same  conditions  as  contributions
13        required under Section 7-173.
14             (2)  For service as an elected county officer before
15        the  option  is elected, an additional contribution of 3%
16        of the salary for the applicable period of service,  plus
17        interest  at  the effective rate from the date of service
18        to the  date  of  payment,  plus  any  additional  amount
19        required  by  the county board under paragraph (3) in the
20        case of elected county officers other than members  of  a
21        forest  preserve  district  who  are  elected pursuant to
22        Section 3c of the Downstate Forest Preserve District  Act
23        or  by  the board of forest preserve commissioners in the
24        case of elected county officers  who  are  members  of  a
25        forest  preserve  district  who  are  elected pursuant to
26        Section 3c of the Downstate Forest Preserve District Act.
27        All payments for past service must be paid in full before
28        credit is given.
29             (3)  With respect to service as  an  elected  county
30        officer  before the option is elected, if payment is made
31        after the  county  board  or  board  of  forest  preserve
32        commissioners  has  filed  with  the  Board of the Fund a
33        resolution   or   ordinance   requiring   an   additional
34        contribution under this paragraph, then the  contribution
 
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 1        required  under  paragraph (2) shall include an amount to
 2        be determined by the Fund, equal to the actuarial present
 3        value  of  the  additional  employer  cost   that   would
 4        otherwise  result  from  the  alternative  credits  being
 5        established  for that service.  A county board's or board
 6        of forest preserve commissioner's resolution or ordinance
 7        requiring additional contributions under  this  paragraph
 8        (3) is irrevocable.
 9        No  additional optional contributions may be made for any
10    period of  service  for  which  credit  has  been  previously
11    forfeited  by  acceptance  of  a refund, unless the refund is
12    repaid in full with interest at the effective rate  from  the
13    date of refund to the date of repayment.
14        (b)  In  lieu of the retirement annuity otherwise payable
15    under this Article, an elected county  officer  who  (1)  has
16    elected  to  participate  in  the  Fund  and  make additional
17    optional contributions in accordance with this  Section,  (2)
18    has  held  and  made  additional  optional contributions with
19    respect to the same elected county  office  for  at  least  8
20    years,  and  (3) has attained age 55 with at least 8 years of
21    service credit (or has attained age 50 with at least 20 years
22    of service as a sheriff's law enforcement employee) may elect
23    to have his retirement annuity computed as  follows:   3%  of
24    the  participant's  salary  for  each of the first 8 years of
25    service credit, plus 4% of that salary for each of the next 4
26    years of service credit, plus 5% of that salary for each year
27    of service credit in excess of 12 years, subject to a maximum
28    of 80% of that salary.
29        This formula applies only to service in an elected county
30    office that the officer held for at least 8 years,  and  only
31    to  service  for which additional optional contributions have
32    been paid under this Section.  If an elected  county  officer
33    qualifies  to  have  this  formula applied to service in more
34    than one elected county office, the qualifying service  shall
 
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 1    be  accumulated  for  purposes  of determining the applicable
 2    accrual percentages, but the  salary  used  for  each  office
 3    shall  be  the separate salary calculated for that office, as
 4    defined in subsection (g).
 5        To the extent that the elected county officer has service
 6    credit that does not qualify for this formula, his retirement
 7    annuity will first be  determined  in  accordance  with  this
 8    formula  with  respect  to  the service to which this formula
 9    applies, and then in accordance with the  remaining  Sections
10    of  this  Article  with  respect to the service to which this
11    formula does not apply.
12        (c)  In lieu of the disability benefits otherwise payable
13    under this Article, an elected county  officer  who  (1)  has
14    elected  to  participate  in  the  Fund,  and  (2) has become
15    permanently disabled  and  as  a  consequence  is  unable  to
16    perform the duties of his office, and (3) was making optional
17    contributions in accordance with this Section at the time the
18    disability  was  incurred,  may elect to receive a disability
19    annuity  calculated  in  accordance  with  the   formula   in
20    subsection  (b).   For  the  purposes  of this subsection, an
21    elected  county  officer  shall  be  considered   permanently
22    disabled  only if:  (i) disability occurs while in service as
23    an elected county officer and is  of  such  a  nature  as  to
24    prevent  him  from  reasonably  performing  the duties of his
25    office at the time; and (ii) the board has received a written
26    certification by at least 2 licensed physicians appointed  by
27    it  stating  that  the  officer  is  disabled  and  that  the
28    disability is likely to be permanent.
29        (d)  Refunds  of  additional optional contributions shall
30    be made on the same basis and under the  same  conditions  as
31    provided  under  Section  7-166,  7-167  and 7-168.  Interest
32    shall be credited at the effective rate on the same basis and
33    under the same conditions as for other contributions.
34        If an elected county officer  fails  to  hold  that  same
 
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 1    elected  county  office for at least 8 years, he or she shall
 2    be entitled after leaving office to receive a refund  of  the
 3    additional  optional  contributions made with respect to that
 4    office, plus interest at the effective rate.
 5        (e)  The  plan  of  optional  alternative  benefits   and
 6    contributions  shall  be available to persons who are elected
 7    county officers and active contributors to  the  Fund  on  or
 8    after  November 15, 1994.  A person who was an elected county
 9    officer and an active contributor to the Fund on November 15,
10    1994 but is no longer an active contributor may apply to make
11    additional optional contributions under this Section  at  any
12    time  within  90  days  after  the  effective  date  of  this
13    amendatory  Act  of  1997; if the person is an annuitant, the
14    resulting increase in annuity shall begin to  accrue  on  the
15    first  day  of  the  month  following  the month in which the
16    required payment is received by the Fund.
17        (f)  For  the  purposes  of  this  Section  and   Section
18    7-145.2,  the  terms  "elected  county  officer" and "elected
19    county office" include, but  are  not  limited  to:  (1)  the
20    county  clerk,  recorder,  treasurer,  coroner,  assessor (if
21    elected), auditor, sheriff, and State's Attorney; members  of
22    the  county  board;  members of a board of commissioners of a
23    forest preserve district who are elected pursuant to  Section
24    3c  of  the  Downstate  Forest Preserve District Act; and the
25    clerk of the circuit court; and (2) a  person  who  has  been
26    appointed  to  fill  a  vacancy in an office that is normally
27    filled by election on a countywide basis, for the duration of
28    his or her service in that office.  The terms "elected county
29    officer" and "elected  county  office"  do  not  include  any
30    officer  or  office  of  a county or forest preserve district
31    that has not consented to the availability of benefits  under
32    this Section and Section 7-145.2.
33        (g)  For   the  purposes  of  this  Section  and  Section
34    7-145.2, the term "salary" means the final rate  of  earnings
 
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 1    for  the  elected  county office held, calculated in a manner
 2    consistent with Section 7-116, but for that office only.   If
 3    an  elected  county  officer qualifies to have the formula in
 4    subsection (b) applied to service in more  than  one  elected
 5    county  office,  a  separate  salary  shall be calculated and
 6    applied with respect to each such office.
 7        (h)  The changes to this Section made by this  amendatory
 8    Act  of  the 91st General Assembly apply to persons who first
 9    make an additional optional contribution under  this  Section
10    on or after the effective date of this amendatory Act.
11    (Source:  P.A.  90-32,  eff.  6-27-97;  91-685, eff. 1-26-00;
12    91-887, eff. 7-6-00.)

13        Section 90.  The State Mandates Act is amended by  adding
14    Section 8.27 as follows:

15        (30 ILCS 805/8.27 new)
16        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
17    and 8 of this Act, no reimbursement by the State is  required
18    for  the  implementation  of  any  mandate  created  by  this
19    amendatory Act of the 93rd General Assembly.

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.